Wisconsin Supreme Court rules in favor of corrections officers’ class action lawsuit over pay

The Wisconsin Supreme Court has declared that state corrections officers seeking pay relief should be granted class action status as they strive to pursue a legal battle over compensation.

In 2020, a group of officers initiated legal action against Wisconsin’s Department of Corrections, contending that they should be remunerated for mandatory duties completed before and after their shifts officially commence. These tasks include passing through security checkpoints, donning and doffing equipment, and briefing incoming officers during shift turnovers.

The ruling handed down by the Supreme Court this week does not address the issue of whether workers are entitled to payment for their pre- and post-shift obligations. The employees were seeking compensation, including regular wages and additional payments for overtime.

In a reversal of a previous appeals court decision that denied class action status to the workers, the recent ruling allows corrections officers to litigate as a unified group in a lower court.

Wisconsin’s Department of Corrections, in its legal filings, contended that individual wage claims would be more advantageous for workers rather than banding together in a class action lawsuit. This argument was based in part on the substantial variations between the multitude of corrections officers stationed at 37 correctional facilities throughout the state.

During the oral arguments presented in March, the state’s legal representatives highlighted the divergent experiences of corrections officers, with one asserting that they could reach their designated post within a minute while another indicated it could take them thirty minutes to traverse the vast layout of a sprawling prison.

Conversely, the attorneys representing the workers emphasized the overarching similarities that unite all corrections officers. The proposed class that might benefit from this legal action could encompass roughly 5,000 corrections officers and sergeants working within the state correctional system.